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Key Capitol Hill Hearings

Speeches from policy makers and coverage from around the country.

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00:31:00

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San Francisco, CA, USA

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Channel v110

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mpeg2video

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720

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U.s. 3, Minimization 1,
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  CSPAN    Key Capitol Hill Hearings    Speeches from policy makers and  
   coverage from around the country.  

    November 19, 2013
    8:29 - 9:00am EST  

8:29am
just a matter of how long it will be in the database. we are more comfortable with the idea of being in a database somewhere, subject to when the database is going to be queried. it strikes me as such a different question that it is not clear to me that the same principles should apply. i would also point out that, for the opinion by the judge in some of these issues in section 702, his constitutional analysis struck me as one possible way to approach it, but there are many other ways to interpret the same issues. there are a lot of complicated issues raised by how broad the surveillance is, how broadly you take the foreign intelligence exception -- assuming that is an established exception. there are a lot of murky
8:30am
questions that would regulate that. it is much more complicated than in a similar criminal setting. >> go would you say that we are possibly bumping up against constitutional limits if there is such a different -- minimization in a criminal context is constitutionally premise. it flows from the scope of particular requirement. constitutionally based, could we be running up against without robust through minimization, in the foreign intelligence context, could we be running up against constitutional problems? >> yes, absolutely. there are many constitutional issues implicated here. there is obtaining content of people's communications, which is obviously going to raise fourth amendment questions. there is the reasonableness requirement and how that would apply in a national security setting. and there are not only the rights of u.s. persons
8:31am
communicating with other u.s. persons, which has been the primary focus in the statue so far, but there are also constitutional issues raised when a u.s. person is communicating with a non-us person. half of that medication is constitutionally protected, -- of that communication is constitutionally protected, but has not received that kind of attention at all. there are many issues at play. >> thank you very much to all of the witnesses. >> thanks to the witnesses on this panel and to all of the witnesses on the board that made this possible. you can see the comments related , a transcript will be posted at our website. i moved that the meeting be adjourned. all in favor say aye. it was unanimous. the meeting is adjourned at 4:20 p.m.
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